Facts

ONLINE DOCUMENT

One of the accident victims, Ken Erlick, a retired Canadian attorney, has lobbied police officials for months, saying that the investigation into the crash, which left him with serious back injuries, was botched.

Erlick, who splits his time between Sarasota and his home in Montreal, is questioning why police did not arrest the 20-year-old driver of the car that he says slammed into him head-on Nov. 25 and allegedly acknowledged to EMS crews that he was drunk.

The Canadian was not interviewed by the police officer who investigated the accident. Police also did not interview the man driving Erlick's car — an experienced firefighter/paramedic who was visiting Erlick from Montreal.

After the Herald-Tribune began asking questions about the case, Sarasota Police Chief Bernadette DiPino announced she would send the report to the State Attorney's Office for review. It is unclear if prosecutors will conduct their own investigation.

“I have no problem forwarding the info to them,” DiPino said.

Erlick, though pleased that the department is taking action, is also cautious.

“From the outset, I was unable to understand why the accident report was so in contradiction with the actual facts,” Erlick said. “After the facts were disclosed, I couldn't understand the reluctance to reopen the case.”

The crash

Erlick and friend Alain Rochette, the firefighter/paramedic, had a late dinner Nov. 25 and were heading back to Erlick's home on Siesta Key. It was about 10 p.m.

According to both men, Rochette was driving Erlick's 2001 Mitsubishi as they traveled west on Siesta Drive to the first bridge that crosses a small canal. There was a white Honda in front of them, also traveling west.

According to police reports, a maroon Honda Accord traveling in the opposite direction glanced off the white Honda and then hit Erlick and Rochette's vehicle nearly head-on.

Erlick recalls that the impact was “followed by a sudden silence. I couldn't comprehend what happened. It was an eerie feeling.”

Rochette was not injured. He has worked as a firefighter/paramedic in Montreal since 1994, and has been at hundreds of crash scenes. Once he saw that Erlick did not appear to have any obvious injuries, he checked on the driver of the maroon Honda.

According to statements he made to police investigators, Rochette saw a young man in the driver's seat of the Honda, Jeremy Kuxhausen, who was bleeding from the face and leaning over onto the passenger seat.

Rochette says he did not see anyone else in the Honda, and never saw anyone exit the car.

Rochette returned to Erlick, who began having trouble breathing and was holding his hand on his chest. Doctors later found he had suffered four broken ribs as well as serious damage to four vertebrae in his neck.

Rochette watched as paramedics cut Kuxhausen from the Honda, using the “jaws of life.”

Rochette later told a private investigator working for Erlick, “There is no doubt this guy was driving this car.”

Kuxhausen told the Herald-Tribune that he was a passenger in the car, which belongs to his father, and that he doesn't know who was driving.

“Honestly, I woke up in the hospital. I don't really remember much,” he said.

He declined to be interviewed further.

The investigation

Sarasota Police Officer Travis Forrister arrived at the accident scene about an hour after it occurred. Other Sarasota officers, who generally handle accident within city limits, had already responded.

Forrister is a traffic accident reconstructionist, a specialist trained to investigate the most serious accidents. He has handled more than 40 fatal and serious-injury accidents in his career.

The reconstructionist reported that those involved in the crash told him Kuxhausen was a passenger in the car. What they told him individually is not enunciated in the report.

“Everybody involved in the crash thought the driver of V1 fled on foot,” Forrister wrote in his accident report. (V1 refers to Vehicle 1, the Honda.) “I verified with all of the parties involved and none of them ever saw the driver of V1.”

Because this alleged driver could not be found, no charges were filed.

Forrister did not interview Erlick or Rochette. They said they would have told him that they saw Kuxhausen behind the wheel, and watched as fire crews cut him out of the car because the doors wouldn't open.

“I did not know that at the time. I do now,” Forrister said last week. “I still have nobody to say he was the driver of the car. Jeremy Kuxhausen could have been the driver. I didn't see him driving. If I don't have any evidence to substantiate my opinion, I'm not going to move forward.”

The Honda is registered to Kuxhausen's father, David.

Differing stories

Erlick and Kuxhausen were taken to Sarasota Memorial Hospital.

Forrister tried to interview Kuxhausen. “He denied being involved in the crash and claimed he didn't know anything about his father's car being involved,” Forrister wrote in his report. “Kuxhausen refused to answer any other questions.”

The 20-year-old told the officer he received the injuries to his face during a fight with his girlfriend.

Kuxhausen was never charged with DUI or cited for causing the accident.

Three months later, at Erlick's insistence, one of the initial officers at the scene filed an amended report, stating that she had seen Kuxhausen in the car, and that one of the EMTs told her Kuxhausen admitted to them he was drunk.

Her report indicates she saw him seated in the passenger seat.

Erlick says the officer told him she had seen Kuxhausen straddling the two seats, much as Rochette had described.

Erlick is learning to deal with chronic pain. His normal routine, which included jogging on the beach and four trips to the gym per week, is over.

“I feel sorry for Ken. I know his back is compromised,” Forrister said. “I still have no one to put (Kuxhausen) behind the wheel.”

Erlick hopes now the case will have a full and complete hearing.

“I just want justice,” he said. “This is nothing personal against Travis (Forrister), but the outcome of his was just ludicrous.”

<p><em>SARASOTA</em> - Sarasota Police are asking prosecutors to determine if a four-car accident with injuries that occurred nearly five months ago merits charges. </p><p>One of the accident victims, Ken Erlick, a retired Canadian attorney, has lobbied police officials for months, saying that the investigation into the crash, which left him with serious back injuries, was botched.</p><p>Erlick, who splits his time between Sarasota and his home in Montreal, is questioning why police did not arrest the 20-year-old driver of the car that he says slammed into him head-on Nov. 25 and allegedly acknowledged to EMS crews that he was drunk.</p><p>The Canadian was not interviewed by the police officer who investigated the accident. Police also did not interview the man driving Erlick's car — an experienced firefighter/paramedic who was visiting Erlick from Montreal.</p><p>After the Herald-Tribune began asking questions about the case, Sarasota Police Chief Bernadette DiPino announced she would send the report to the State Attorney's Office for review. It is unclear if prosecutors will conduct their own investigation.</p><p>“I have no problem forwarding the info to them,” DiPino said.</p><p>Erlick, though pleased that the department is taking action, is also cautious.</p><p>“From the outset, I was unable to understand why the accident report was so in contradiction with the actual facts,” Erlick said. “After the facts were disclosed, I couldn't understand the reluctance to reopen the case.”</p><p><b>The crash</b></p><p>Erlick and friend Alain Rochette, the firefighter/paramedic, had a late dinner Nov. 25 and were heading back to Erlick's home on Siesta Key. It was about 10 p.m.</p><p>According to both men, Rochette was driving Erlick's 2001 Mitsubishi as they traveled west on Siesta Drive to the first bridge that crosses a small canal. There was a white Honda in front of them, also traveling west.</p><p>According to police reports, a maroon Honda Accord traveling in the opposite direction glanced off the white Honda and then hit Erlick and Rochette's vehicle nearly head-on.</p><p>Erlick recalls that the impact was “followed by a sudden silence. I couldn't comprehend what happened. It was an eerie feeling.”</p><p>Rochette was not injured. He has worked as a firefighter/paramedic in Montreal since 1994, and has been at hundreds of crash scenes. Once he saw that Erlick did not appear to have any obvious injuries, he checked on the driver of the maroon Honda.</p><p>According to statements he made to police investigators, Rochette saw a young man in the driver's seat of the Honda, Jeremy Kuxhausen, who was bleeding from the face and leaning over onto the passenger seat.</p><p>Rochette says he did not see anyone else in the Honda, and never saw anyone exit the car.</p><p>Rochette returned to Erlick, who began having trouble breathing and was holding his hand on his chest. Doctors later found he had suffered four broken ribs as well as serious damage to four vertebrae in his neck. </p><p>Rochette watched as paramedics cut Kuxhausen from the Honda, using the “jaws of life.”</p><p>Rochette later told a private investigator working for Erlick, “There is no doubt this guy was driving this car.”</p><p>Kuxhausen told the Herald-Tribune that he was a passenger in the car, which belongs to his father, and that he doesn't know who was driving.</p><p>“Honestly, I woke up in the hospital. I don't really remember much,” he said.</p><p>He declined to be interviewed further. </p><p><b>The investigation</b></p><p>Sarasota Police Officer Travis Forrister arrived at the accident scene about an hour after it occurred. Other Sarasota officers, who generally handle accident within city limits, had already responded. </p><p>Forrister is a traffic accident reconstructionist, a specialist trained to investigate the most serious accidents. He has handled more than 40 fatal and serious-injury accidents in his career.</p><p>The reconstructionist reported that those involved in the crash told him Kuxhausen was a passenger in the car. What they told him individually is not enunciated in the report.</p><p>“Everybody involved in the crash thought the driver of V1 fled on foot,” Forrister wrote in his accident report. (V1 refers to Vehicle 1, the Honda.) “I verified with all of the parties involved and none of them ever saw the driver of V1.”</p><p>Because this alleged driver could not be found, no charges were filed.</p><p>Forrister did not interview Erlick or Rochette. They said they would have told him that they saw Kuxhausen behind the wheel, and watched as fire crews cut him out of the car because the doors wouldn't open. </p><p>“I did not know that at the time. I do now,” Forrister said last week. “I still have nobody to say he was the driver of the car. Jeremy Kuxhausen could have been the driver. I didn't see him driving. If I don't have any evidence to substantiate my opinion, I'm not going to move forward.”</p><p>The Honda is registered to Kuxhausen's father, David.</p><p><b>Differing stories</b></p><p>Erlick and Kuxhausen were taken to Sarasota Memorial Hospital. </p><p>Forrister tried to interview Kuxhausen. “He denied being involved in the crash and claimed he didn't know anything about his father's car being involved,” Forrister wrote in his report. “Kuxhausen refused to answer any other questions.”</p><p>The 20-year-old told the officer he received the injuries to his face during a fight with his girlfriend.</p><p>Kuxhausen was never charged with DUI or cited for causing the accident.</p><p>Three months later, at Erlick's insistence, one of the initial officers at the scene filed an amended report, stating that she had seen Kuxhausen in the car, and that one of the EMTs told her Kuxhausen admitted to them he was drunk.</p><p>Her report indicates she saw him seated in the passenger seat. </p><p>Erlick says the officer told him she had seen Kuxhausen straddling the two seats, much as Rochette had described. </p><p>Erlick is learning to deal with chronic pain. His normal routine, which included jogging on the beach and four trips to the gym per week, is over.</p><p>“I feel sorry for Ken. I know his back is compromised,” Forrister said. “I still have no one to put (Kuxhausen) behind the wheel.” </p><p>Erlick hopes now the case will have a full and complete hearing.</p><p>“I just want justice,” he said. “This is nothing personal against Travis (Forrister), but the outcome of his was just ludicrous.”</p>